State v. Washington

State v. Washington – Defendant challenged the trial court’s attempt to interrogate him regarding other uncharged potential criminal conduct at sentencing.  On the advice of Mr. Rehkemper, the defendant invoked his right against self-incrimination and refused to answer the trial courts questions.  The trial court retaliated and imposed a more severe sentence than was agreed to under the plea agreement.  Mr. Rehkemper took the appeal on pro bono arguing that the trial court violated the 5th Amendment to the United States Constitution by punishing the defendant for exercising his constitutional right to remain silent.  The Iowa Supreme Court agreed that the trial court illegally punished the defendant for exercising his constitutional right and required the defendant to be re-sentenced.

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